84 Cited authorities

  1. Wal-Mart Stores, Inc. v. Dukes

    564 U.S. 338 (2011)   Cited 6,780 times   508 Legal Analyses
    Holding in Rule 23 context that “[w]ithout some glue holding the alleged reasons for all those decisions together, it will be impossible to say that examination of all the class members' claims for relief will produce a common answer”
  2. Wash. Mut. Bank v. Superior Court of Orange Cty.

    24 Cal.4th 906 (Cal. 2001)   Cited 571 times   4 Legal Analyses
    Holding that a choice of law provision may not be disregarded “merely because it may hinder the prosecution of multi-state or nationwide class action or [exclude] nonresident consumers from a California-based class action”
  3. Nedlloyd Lines B.V. v. Superior Court

    3 Cal.4th 459 (Cal. 1992)   Cited 569 times   14 Legal Analyses
    Holding that the phrase "governed by" in a choice of law clause compels the "logical conclusion" that the parties "intended that law to apply to all disputes arising out of the transaction or relationship"
  4. Ellington Credit Fund, Ltd. v. Select Portfolio Servicing, Inc.

    837 F. Supp. 2d 162 (S.D.N.Y. 2011)   Cited 274 times
    Holding that trustees did not have any "monitoring or safeguarding duties beyond those explicitly provided in the PSA"
  5. Burkhardt v. Bailey

    260 Mich. App. 636 (Mich. Ct. App. 2004)   Cited 302 times   1 Legal Analyses
    Finding signatories to a contract are presumed to understand the import of the document and to have the "intention manifested by its terms"
  6. City of San Jose v. Superior Court

    12 Cal.3d 447 (Cal. 1974)   Cited 712 times
    Holding that government claims procedures are mandatory and failure to file the required claim means the action must be dismissed
  7. Global Financial Corp. v. Triarc Corp.

    93 N.Y.2d 525 (N.Y. 1999)   Cited 288 times
    Holding that where the alleged injury was "purely economic," the non-resident corporate Plaintiff's breach of contract claims accrued in the jurisdiction in which it sustained the economic impact of the alleged breach — either the state of incorporation or its principal place of business — rather than New York, thus requiring application of the borrowing statute
  8. Duran v. U.S. Bank National Assn.

    59 Cal.4th 1 (Cal. 2014)   Cited 186 times   16 Legal Analyses
    Finding a flaw in the "size of the sample group" and holding, in general, that "[t]he more diverse the population, the larger the sample must be in order to reflect the population accurately"
  9. Ret. Bd. of the Policemen's Annuity & Benefit Fund v. Bank of N.Y. Mellon

    775 F.3d 154 (2d Cir. 2014)   Cited 148 times   3 Legal Analyses
    Holding arguments raised in footnotes may be deemed waived
  10. Lockheed Martin Corp. v. Superior Court

    29 Cal.4th 1096 (Cal. 2003)   Cited 198 times   2 Legal Analyses
    Holding evidence of exposure alone not enough to ground claim for medical monitoring
  11. Section 337 - Contract, obligation or liability founded upon written instrument; book account; rescission of contract

    Cal. Code Civ. Proc. § 337   Cited 1,695 times   5 Legal Analyses
    Governing rescissions of written contracts
  12. Section 1-52 - Three years

    N.C. Gen. Stat. § 1-52   Cited 1,084 times   16 Legal Analyses
    Applying a three-year statute of limitations to an action "[u]pon a contract, obligation or liability arising out of a contract, express or implied, except those mentioned in the preceding sections"
  13. Section 16.004 - Four-Year Limitations Period

    Tex. Civ. Prac. & Rem. Code § 16.004   Cited 916 times   4 Legal Analyses
    Stating that the statute of limitations for fraud claims is four years
  14. Section 8106 - Actions subject to 3-year limitation

    Del. Code tit. 10 § 8106   Cited 859 times   13 Legal Analyses
    Specifying causes of action subject to 3-year statute of limitations as including "action to recover damages caused by an injury unaccompanied with force or resulting indirectly from the act of the defendant"
  15. Section 516.120 - What actions within five years

    Mo. Rev. Stat. § 516.120   Cited 697 times   2 Legal Analyses
    Stating that "[a]ll actions upon contracts" shall be brought within five years
  16. Section 202 - Cause of action accruing without the state

    N.Y. CPLR 202   Cited 589 times
    Limiting the limitations period for causes of action accruing outside of New York where the foreign jurisdiction imposes a shorter statute of limitations than the state does
  17. Section 13-80-101 - General limitation of actions - three years

    Colo. Rev. Stat. § 13-80-101   Cited 227 times
    Stating that "[a]ll contract actions" must be commenced "within three years after the cause of action accrues, and not thereafter"
  18. Section 60-511 - Actions limited to five years

    Kan. Stat. § 60-511   Cited 199 times
    Setting a five year statute of limitations for a breach of written contract action
  19. Section 508:4 - Personal Actions

    N.H. Rev. Stat. § 508:4   Cited 109 times   1 Legal Analyses
    Establishing a three-year statute of limitations for all "personal actions"
  20. Section 2725 - Statute of limitations in contracts for sale

    13 Pa. C.S. § 2725   Cited 104 times
    Relating to statute of limitations in contract for sale
  21. Rule 2.551 - Procedures for filing records under seal

    Cal. R. 2.551   Cited 96 times

    (a) Court approval required A record must not be filed under seal without a court order. The court must not permit a record to be filed under seal based solely on the agreement or stipulation of the parties. (b) Motion or application to seal a record (1)Motion or application required A party requesting that a record be filed under seal must file a motion or an application for an order sealing the record. The motion or application must be accompanied by a memorandum and a declaration containing facts